Fair trial

δικηγόρος

Invalid resignation of an illiterate accused of the right to a lawyer. Infringement of fair trial.

JUDGMENT Akdağ v. Turkey 17.09.2019 (no. 75460/10) see here  SUMMARY The case concerned access to a lawyer in police custody. The applicant alleged that she had confessed to being a member of an illegal organisation after being threatened and ill-treated by the police, without access to a lawyer. Although the Court rejected as inadmissible the […]

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Court decisions regarding others, referred to the applicant’s guilt without her being a party. Violation of the presumption of innocence and action for damages.

JUDGMENT Januškevičienė v. Lithuania 03.09.2019 (no. 69717/14) see here SUMMARY  Presumption of innocence and lawsuit for violations. Non-exhaustion of internal remedies. The possibility of bringing an action for infringement of the presumption of innocence and having regard to the positive case-law of national courts which have awarded damages for infringement of the presumption of innocence […]

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φυλακές

Conviction of a deceased (!) violates the fair trial. Presumption of innocence guarantees lack of criminal responsibility after the defendant’s death.

JUDGMENT Magnitskiyiy and others v. Russia  27.08.2019 (no. 32631/09 and 53799/12) see here SUMMARY  Conviction of the deceased. Criminal responsibility does not remain after the defendant death. This dictates the presumption of innocence. Conviction of the accused after his death violates the right to a fair trial as criminal proceedings require the defendant to participate. […]

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φυλακές

Constant video surveillance of a prisoner constitutes inhuman and degrading treatment. The trial in camera must be reasoned, otherwise it infringes the fair trial.

JUDGMENT Izmestyev v. Russia (application no. 74141/10) of 27.08.2019 see here SUMMARY Video surveillance of a life prisoner with security cameras on a 24-hour basis, restrictions on his family visits, prolonged detention and trial in camera. The European Court of Human Rights held, unanimously, that there had been: a violation of Article 3 (prohibition of […]

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State party surveillance in order to detect endeavours hostile to the constitution. Appeals for failure to exhaust domestic remedies are inadmissible.

JUDGMENT Alternative für Deutschland v. Germany 04.07.2019 (no. 57939/18) see here  SUMMARY German party surveillance suspected of hostile endeavours against the Constitution. Non-exhaustion of internal remedies. The case concerned public comments by the Federal Office for the Protection of the Constitution about its suspicion of endeavours hostile to the constitution by the applicant party. The Court found […]

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Α Court bought the courthouse housed by a defendant company while its case was pending! Lack of judicial impartiality.

JUDGMENT Cosmos Maritime Trading and Shipping Agency v. Ukraine 27.06.2019 (no.53427/09) see here  SUMMARY  In a trial between the plaintiff and the defendant company, the defendant transferred its ownership of the courthouse to the courts in the case. Lack of impartiality of courts. The applicant shipping company appealed to the Ukrainian courts for recognition of its high monetary claim […]

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δικηγόρος

Law practice and fraud for many years. Twelve-year duration of criminal proceedings constitutes an infringement of the reasonable duration of the proceedings

JUDGMENT  Abboud v. Belgium 02.07.2019 (no.29119/13) see here  SUMMARY Violation of reasonable time for criminal proceedings. 12 years for criminal cases exceeded the reasonable time. The applicant worked as a translator. Taking advantage of this situation and without having the capacity of a lawyer, he has been conducting legal acts for many years, providing legal […]

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The judge must abstain when his / her impartiality is legitimately challenged. Infringement of fair trial when the judge who convicted the accused was the mother’s enemy!

JUDGMENT  Škrlj v. Croatia 11.07.2019 (no. 32953/13) see here  SUMMARY  A judge who was prejudiced against the defendant’s mother heard his case and sentenced him. Lack of fairness and fair trial. The police issued a penalty notice against the applicant for two traffic violations and he appealed before the Offences Court. At the Court of […]

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δικηγόρος

Conviction of the applicant by the Second Instance Court, following an appeal brought by the Prosecutor in an acquittal decision. The court has violated the principle of fair trial because it did not re-examine the co-defendants and witnesses, but was content with their initial statements.

JUDGMENT  Júlíus Þór Sigurþórsson v. Iceland 16.07.2019 (no. 38797/17) see here SUMMARY Unfair competition, criminal conviction. The applicant was accused of unfair competition on collusion between corporate materials prices. He was acquitted at first instance but the Prosecutor appealed. The Second Instance Court, although was requested, did not re-examined the co-defendants and witnesses, but relied […]

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Non enforced housing court decision. The right to bring an action for the non-enforcement of the judgment and the existence of favorable case-law on compensation. The application is inadmissible.

JUDGMENT  Bouhamla v. France  18.07.2019 (no. 31798/16) see here SUMMARY  The case concerned the enforcement of a final judicial decision granting housing to the applicant under the law on the enforceable right to housing. The applicant was ultimately rehoused but he failed to apply to the administrative courts for compensation in respect of the period […]

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ECHRCaseLaw

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